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    <title>2017 (12) TMI 1737 - Supreme Court</title>
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    <description>Section 26A of the Drugs and Cosmetics Act, 1940 confers a distinct power on the Central Government to regulate, restrict or prohibit a drug or cosmetic when satisfied on relevant material that public interest requires action, and the provision does not import a mandatory prior consultation requirement with the Drugs Technical Advisory Board. Because the statute expressly requires consultation in other provisions but omits it here, the court refused to read such a condition into Section 26A. On the challenged fixed dose combinations, the bans were not finally left untouched: the affected products were directed to be re-examined by the expert body or its sub-committee, with stakeholder hearing and fresh consideration by the Central Government, while limited category-specific relief was granted for identified products.</description>
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    <pubDate>Fri, 15 Dec 2017 00:00:00 +0530</pubDate>
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      <title>2017 (12) TMI 1737 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=284918</link>
      <description>Section 26A of the Drugs and Cosmetics Act, 1940 confers a distinct power on the Central Government to regulate, restrict or prohibit a drug or cosmetic when satisfied on relevant material that public interest requires action, and the provision does not import a mandatory prior consultation requirement with the Drugs Technical Advisory Board. Because the statute expressly requires consultation in other provisions but omits it here, the court refused to read such a condition into Section 26A. On the challenged fixed dose combinations, the bans were not finally left untouched: the affected products were directed to be re-examined by the expert body or its sub-committee, with stakeholder hearing and fresh consideration by the Central Government, while limited category-specific relief was granted for identified products.</description>
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      <pubDate>Fri, 15 Dec 2017 00:00:00 +0530</pubDate>
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